Immigration Issues/Filing I 485


Dear Sir,

Thanks for your volunteer work. Appreciate it greatly.

My husband got his I-140 approved this June on EB2 and our PD is current.  

We are thinking of filing our I-485, however, his H1b will be expiring on July 17 2008 and we are awaiting the extension approval.


1)  Should we wait for the H1b extension (7th year) approval prior to filing the I-485 or can we file it asap even while H1b extension is still pending ?

2) If my husband and I will be adjusting status, should each one of us submit a separate I-485 forms or just one I-485 form for both of us ?

3) How long is the approx processing time (Texas Service Center) for the EAD, and the approved I-485  ?

Thanking you in advance.  Have a great day.



1) You can file the I-485 at any time. It is not required that the H be approved.
2) Yes each has to submit a seperate petition.
3) EAD takes around 1-3 months. I am not sure how the 485 takes you need to check the website for processing times.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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